Law concerning Factory Representative Councils and Economic Organizations of 4 April 1933

The Reich Cabinet has decided the following law which is hereby made public:

Chapter I

Factory Representative Councils

Article 1

1. The Highest Authority of the Federal State can postpone the elections for the Legal Factory Representative Council for the Federal State, parts of the Federal State or for individual enterprises until 30 September of this year at the latest for reasons of public safety and order.

2. The Factory Representative Council existing up to date remains in office in the case of postponement of the elections. Filling of vacancies in Factory Representative Councils caused by dismissal of members is only necessary if the number of its members has fallen below half of the legal number of members or if they number less than three. The new members of the Factory Representative Council required for its minimum strength will be nominated from the eligible workers by the highest authority of the Federal State or the authority appointed by it.

Article 2

The highest authority of the Federal State can cancel the membership of members who have been appointed contrary to the spirit of State and economy [die in Staats- oder Wirtschaftsfeindlichem Sinne eingestellt sind.] It can appoint new members for the Factory Representative Councils from the eligible workers to replace the eliminated members.

Article 3

The afore-mentioned regulations will be applied accordingly to the "United Factory Councils", created according to Article 50 of the Factory Council Law and to the "Special Representations" formed according to Articles 61 and 62. Article 93 of the Factory Council Law will not be applicable in the case of disputes concerning the execution of the above-mentioned regulations.

Article 4

The competent highest Reich authorities will be appointed to exercise the powers for the highest authority of the Federal State contained in Chapter I, in the case of the administrations and enterprises of the Reich, including the German Railroad Company and the Reichsbank.

Article 5

The regulations contained in Article 1, para. 2 and Article 2, 2nd sentence are also applicable to measures taken before the effectiveness of this law.

Chapter II

Dismissal of Workers

The right to oppose dismissal of a worker contained in Article 84 of the Factory Council Law is not applicable if the dismissed is suspected of an unfriendly attitude towards the State. The worker can appeal within a week to the authority declared competent according to Chapter I, Article 2. That authority decides, after hearing all those concerned, whether the suspicions are justified or not. The dismissal is cancelled if its findings are negative.

Chapter III

Representation of Economic Organizations within the Miners Insurance

Article 1

Article 184, Article 157, sentences 2 and 3 and Article 180, part 3 of the Reich Mining Law are hereby revoked.

Article 2

The Reich Labor Minister can charge members of the insurance or mine supervision authorities, as commissioners with the tasks of the instances which are in office at the time; the commissioners are under the authority of the Reich Labor Minister.

Chapter IV

Legal Representation before the Labor Court

The following part 3 is added to Article 11 of the Labor Court Law:

The Reich Labor Minister can, in agreement with the Reich Economy Minister and the Reich Minister of Justice, put other organizations on the same level for legal representation as the organizations named in parts 1 and 2.

Chapter V

Directives of Execution

The Reich Labor Minister has the power to issue legal decrees and general administrative directives in order to insure the execution of the Regulations of this Law; he is authorized to change regulations of the Reich Mining Law in order to adapt them to the decrees of Chapter III of this Law.

Berlin, 4 April 1933

The Reich Chancellor
Adolf Hitler

The Reich Labor Minister
Franz Seldte

The Reich Minister of the Interior
Frick
For the Reich Minister of Justice

The Reich Minister of Finance
Count Schwerin von Krosigk

The Reich Minister of Economy
Hugenberg

Source:
Nazi Conspiracy and Aggression Volume IV
Office of the United States Chief Counsel for Prosecution of Axis Criminality
Washington, DC : United States Government Printing Office, 1946